Jitendra Prasad Sah And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1175 of 2015 Arising Out of PS.Case No. -475 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Jitendra Prasad Sah Son of Late Gaya Sah

2. Ram Babu Sah Son of Jitendra Prasad Sah Both Resident of Village- Cherabey Maniyari, P.S. Sakra, DistrictMuzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-05-2015 The petitioners are apprehending their arrest in connection with Sakra P.S. Case No. 475 of 2014 for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 379, l504, 506 of the Indian Penal Code, 27 of the Arms Act and 3/4 of the Explosive Substance Act.

Heard learned counsel for the petitioners and the State.

The prosecution story, in brief, is that when the informant along with his son and a boy were going to his village after shutting the shop, 7-8 persons surrounded them, abused them and exploded bomb on his son and his son became injured It is submitted on behalf of the petitioners that no specific role has been assigned against the petitioners, general

Patna High Court Cr.Misc. No.1175 of 2015 (3) dt.08-05-2015 and omnibus allegations have been made. Further, it has been contended that from perusal of the injury report, it appears that the injury sustained is caused by hard and blunt substance. As to when no such hard and blunt substance is alleged to be in the position of the petitioners. On behalf of the State, it has been submitted that from the perusal of the case diary the injury sustained is said to be caused by hard and blunt substance.

Considering the fact that the injury do not support the allegations made in the First Information Report, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Sakra P.S. Case No. 475 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Sudhir Singh, J) P.K./- U T